Employee Fined for Failing to Give Notice

The Federal Circuit Court (FCC) has fined an employee who failed to give notice of his resignation in accordance with modern award provisions.

Facts

The employee:

was required to give two weeks’ notice under the applicable award and eight weeks’ notice under his employment contract if he wished to resign

resigned without providing the notice required by his employment contract after he had just completed training in the United States at the expense of the employer

Result

The FCC held that:

the employee breached workplace law, under section 45 of the Fair Work Act, by contravening a term of a modern award

the FCC issued a fine of $2,250 to the employee for this breach of workplace law, to be paid to the Commonwealth

Reasons

Key reasons for the decision were:

there was a need for specific and general deterrence

employees need to understand that they cannot flout the conditions of their employment contract

the penalty needed to demonstrate that the Fair Work Act is a “two-way street” and that breaches of workplace law, damaging an employer, will also be met with penalties

Tips for Employers

The decision highlights the need for employers to:

ensure compliance with enterprise agreements, awards and workplace law (as well as any other employment contract obligations)

be mindful that penalties for breach of an enterprise agreement or award can apply

More Information

If you have any questions in relation to this article or if you would like advice from an immigration lawyer Sydney or you would like advice about the terms of a contract of employment, please feel free to speak with or email one of our specialist employment lawyers on (02) 9635 7966 or info@matthewsfolbigg.com.au

Matthews Folbigg is one of Western Sydney's leading law firms located in the heart of Parramatta. We exist to make a difference and we take pride in our work and in the role we play in helping our clients to find solutions, resolve disputes, seize opportunities, and create and protect value.